Caymus Cove Subdivision AZ
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 7.89 Acres from RUT (Ada County) to R-8
(Medium Density Residential) AND Preliminary Plat Approval of Twenty-Seven (27)
Buildable Lots on 7.89 Acres AND Variance Approval to Exceed the Maximum Cul-de-sac
and Block Lengths Established in Meridian City Code, for Caymus Cove Subdivision, by
Landmark Engineering & Planning, Inc.
Case No(s): AZ-05-034, PP-05-033, V AR-05-0l5
For the City Council Hearing Date of: October 4, 2005
A. Findings of Fact
I. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the October 4,2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-034 / PP-O5-033 / V AR-O5-015- PAGE 1 of 4
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner( s) of record at the time of issuance of these
findings is Donald Kelso.
4. Required Findings per Zoning and Subdivision Ordinance
a. See attached Staff Report for the findings required for these applications.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
Current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6,2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received :fi:om the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Descriptions in the attached Staff Report, the
Preliminary Plat dated July 13, 2005 as shown in the attached Staff Report, and the
Preliminary Plat Conditions as shown in the attached Staff Report. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a
condition of approval of the applications.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5.034 / PP-O5-033 / V AR-O5-015- PAGE 2 of 4
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated June 13, 2005 is hereby conditionally approved; and,
2. The Site Specific and Standard Conditions are as shown in the attached Staff Report.
Notice of Applicable Time Limits
D.
l.Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body ofthe City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A:
Staff Report
By action of the City Council at its regular meeting held on the
,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER CHRISTINE DONNELL
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-034 / PP-O5-033 / V AR-O5-015- PAGE 3 of 4
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-034 / PP-O5-033 / V AR-O5-015- PAGE 4 of 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
STAFF REPORT
City Council Hearing
Hearing Date: 10/4/2005
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TO:
FROM:
SUBJECT:
City Council
Craig Hood, Associate City Planner
Caymus Cove Subdivision
. PP-05-033
Preliminary plat proposal including 27 buildable lots and 4 other/common
. AZ-05-034
Annexation and zoning of 7.89 acres from RUT (Ada County) to
R-8 (Medium Density Residential)
. V AR-05-0l4
'--...-.-
"
Block length and cul-de-sac length variance.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Clint Boyle of Landmark Engineering and Planning, Inc, has applied for Annexation
and Zoning (AZ), Preliminary Plat (PP), and Variance (V AR) approval of 27 building lots and 4
common/other lots on 7.89 acres. The site is located on the south side of McMillan Road
approximately one-quarter of a mile west of Linder Road. This site is currently rural residential with
one single family residential building and accessory buildings. The site has not been previously
platted.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on September 1, 2005. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Donald Kelso, Brian Cooper, Kevin Churchman, Mark Smith
ii. In opposition: Steve Tolman
iii. Commenting: None
iv. Staff presenting application: Joe Guenther for Craig Hood
v. Other staff commenting on application: Anna Canning
b. Key Issues of Discussion by Commission:
i. - Redevelopment of Tolman property enclave and concerns of Mr. Tolman
(sewer and water stubs, lot size, private lane, lot sizes).
c. Key Commission Changes to Staff Recommendation:
i. - None.
d. Outstanding Issue(s) for City Council:
i. - The applicant has submitted a variance request (V AR-05-015) to the allowable
block length of 1,000 feet (MCC 12-4-5) and the maximum cul-de~sac length of
450 feet (MCC 12-4-2.f} The applicant is proposing a 900-foot long cul-dewsac
and a block that exceeds 1,000 feet because Bridgetower Crossing Subdivision
only provided a single stub to this property. Staff is supportive of this variance
request as the only way the length of Station Place could comply with the cul-de-
sac length would be to extend the road to intersect McMillan Road. Because the
City and ACHD try to limit access points to arterial roadways, and because it
would take a large culvert to cross the Settlers Lateral with a public street, staff
Caymus Cove Subdivision
AZ-O5-034/PP-O5-033/V AR-O5-014
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPQRT. QUESTIONS? CALL (208) 884-5533
recommends that the City grant the requested variance. Please see required
findings for a variance in Exhibit D. NOTE: The Planning & Zoning
Commission did not make a recommendation to the Council on the variance
request because variances are only heard by the Council (MCC 11-18-1).
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
2745 McMillan Road / south side of McMillan Road, 1,300 feet east ofTen Mile Rd.
4Nl W35
b. Owner:
Donald Kelso
2745 McMillan Road
Meridian, Idaho 83642
c. Applicant:
Clint Boyle
Landmark Engineering & Planning, Inc
104 9th Avenue South, Ste. C
Nampa, Idaho, 83651
d. Representative: Clint Boyle, Landmark Engineering & Planning,
e. Present Zoning: COUNTY
f. Present Comprehensive Plan Designation:
Medium Density Residential
g. Description of Applicant's Request: Twenty.Seven building lots in an infill situation where
Bridgetower Crossing Subdivision Number 8 is east ofthe site, Bridgetower Crossing Subdivision
Number 7 is west of the site and Bridgetower Crossing Subdivision Number 5 is south of the site. The
applicant's request is consistent with the road layout and access restrictions of McMillan Roadnorth of
the site. The road section is a dead end and requires a block length and cuI de sac length variance.
1. Date of preliminary plat (attached as Exhibit AI): July 13, 2005
3. Date oflandscape plan (attached as Exhibit A3): June 14,2005
h. Applicant's Statement/Justification:
Clint Boyle, Landmark Engineering and Planning Inc. has submitted a Letter of Intent with the
application, dated July 12 for the AZ and PP, and V AR. The applicant states that the request is consistent
with the Comprehensive Plan and will benefit the public interest by providing a diverse housing type.
4. PROCESS FACTS
a. The subject application will in fact constitute an annexation and/or rezone as detemrined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a
public hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as detemrined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public
hearing is required before the City Council on this matter.
Caymus Cove Subdivision
AZ-05-034/PP-O5-033N AR-O5-014
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
c. Newspaper notifications published on: August 15th and August 20th, 2005 (for P & Z
Commission meeting) and September 12th and 26th, 2005 for City Council.
d. Radius notices mailed to properties within 300 feet on: August 5, 2005 (for P&Z
Commission meeting) and September 9, 2005 for City Council.
e. Applicant posted notice on site by: August 19, 2005 (for P&Z Commission meeting) and
September 24, 2005 for City Council.
f. The subject application will in fact constitute a variance as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11 Chapter 18, a public hearing is
required before the City Council on this matter.
5. LAND USE
a. Existing Land Use(s): Single Family Residential--Agricultural
b. Description of Character of SuITounding Area: Transitional Agriculture to Single~Family
Residential
c. Adjacent Land Use and Zoning
1. North: McMillan Road - Single Family Residential- Recently Annexed R-4
2. East: Bridgetower Crossing Subdivision 8
3. South: Bridgetower Crossing Subdivision 5
4. West: Bridgetower Crossing Subdivision 7
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
N. Station Avenue
Issues or concerns:
N. Station Avenue
none identified
2. Vegetation: Agricultural
3. Flood plain: NA
4. Canals/Ditches Irrigation: Local system maintained by owners
5. Hazards: none identified
6. Proposed Zoning: R-8
7. Size of Property: 7.89 acres
8. Description of Use: Single Family Residential
f. Subdivision Plat Infonnation
1. Residential Lots: 27
2. Non-residential Lots: N/ A
3. Total Building Lots: 27
4. Common Lots: 3 lots at 0.73 acres
Caymus Cove Subdivisiol1
AZ-05-034/PP-05-033N AR-O5-014
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
5. Other Lots: Existing residence and out buildings to remain on Lots 24 and 25
6. Total Lots: 31
7. Open Lots: N/A
8. Residential Area: 5.61 acres
9. Gross Density: 3.74 units per acre
g. Landscaping
1. Width of street buffer(s): 25 feet on McMillan Road required (minor arterial);
applicant has shown 33 feet on Preliminary Plat.
2. Width of buffer(s) between land uses: MCC states that the required buffers between
land uses of differing intensity shall be provided by the more intense use. The parcel
to the east is currently agricultural but planned for residential. No buffers between
land uses are required.
3. Percentage of site as open space (17,175 square feet): 5% is required, 5% was
provided in Common Lot 1. Common lots 13, 14, and 23 were not included in this calculation.
h. Proposed and Required Residential Standards- No modifications to the R-8 Bulk standards are
being requested.
Setbacks Proposed Required
Front 20 20
Street side 20/15 20/15
Side 5 5
Rear 15 15
Frontage 65/40 65/40
Lot Size 6,517 min sq. ft. 6,500
PLEASE NOTE: The applicant has not submitted a Planned Development
application; therefore all setbacks and dimensional standards are to be per the R-8
zone.
j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
A connection to McMillan has not been recommended by ACHD (see ACHD Staff Report) and the
internal streets will be public. The applicant has connected to the stub street located at the south portion
of the property and is proposing cul-de-sac turn around. The applicant has submitted a request for
variance for the cul-de-sac length on N. Station Place. The applicant has provided a thru connection for
emergency services to McMillan road as an alternative to a full access. For a detailed report on the public
streets and access points to public streets, please see the ACHD report. Staff has included all ACHD
conditions and recommended actions as Conditions of Approval in the attached Exhibit B.
6. AGENCY COMMENTS MEETING On August 12, 2005 staff held an agency comments
meeting. Staff has included all comments and recommended actions as Conditions of Approval from the
meeting attached as Exhibit B.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The following Comprehensive Plan policies support this proposal:
Caymus Cove Subdivision
AZ-O5-034/PP-05-033N AR-05-014
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
.
Require that development projects have planned for the provision of all public serVIces
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject properties. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the
developer's expense.
The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands wíll be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the subject annexation.
.
.
.
.
.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility
Billing Services, and Sanitary Services Company.
.
Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter VII, Goal IV, Objective C, Action 1)
All of the properties adjacent to the subject site are designated for medium density residential
uses on the Comprehensive Plan Future Land Use Map.
Support a variety of residential categories (low~, medium-, and high~density single family,
multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities (Chapter Vll, Goal IV,
Objective C, Action 10)
.
The subject property is designated Medium-Density Residential on the Future Land Use Map
which identifies this area as an appropriate area for medium-density residential
development. This proposal meets the Comprehensive Plan definition of medium-density,
with a gross density of 3.75 dwelling units per acre.
.
Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow (Chapter VI, Goal II, Objective A, Action 6)
The street connections provided from Bridgetower Crossing Subdivision have been connected
as planned (see ACHD report for details). This subdivision is one of the last infill
Caymus Cove Subdivision
AZ-05-034/PP-05-033N AR-05-0I4
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
developments in the near vicinity and will not be required to stub to adjacent properties as
there is no/urther development expected at the boundaries of this development.
.
Preserve, protect, enhance, and utilize our natural resources in Meridian and suuounding
areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural
resources. (Chapter V, Goal I, Objective A)
There are no distinguishable natural features at this location. Several minor
canals/waterways are near or border the site but are to be tiled or rerouted during
construction. Wetlands, and alternate natural resources are absentfrom this site and the
subject property has designed the common/open space around preserving some open space
for drainage management.
.
Develop policies and incentives to encourage infill and contiguous development. (Chapter V
Goal I Objective A Action 8)
The applicant has requested a slightly lower density relative to the immediate vicinity and
will be developing larger lots than Bridgetower Crossing Subdivision. The applicant has
continued the plans for development and the proposal meets the agencies expectations with
connections to existing stub streets, similar building types and designs, and providing
adequate services to the site.
.
Offer a diversity of housing types for a greater range of choice. Encourage quality housing
project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A)
The anticipated products jor the site will be unique single jàmily residences available to
individual buyers who are seeking a medium-large lot closer to the urban center.
.
Support infill of random vacant lots in substantially developed, single-family areas at
densities similar to suuounding development. Increased densities on random vacant lots
should be considered if: Development of uses other than single-family structures are
compatible with surrounding development as it complies with the current comprehensive
plan. (Chapter VII Goal V Objective A Action 10)
The proposed density, size of lots and unique roadway design will allow for a less dense
proposal with larger lots..
Apply design and perfonnance standards to infilling development in order to reduce adverse
impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11)
.
Stqff does not foresee negative impact on surrounding development outside of the
construction phase. The site has an existing residence which will remain and the size,
number, and quality of the houses is similar in nature to the surrounding developments that
the proposal should be indistinguishable upon build out.
Staff finds that the proposed R-8 zoning designation is harmonious with and in accordance with
the Comprehensive Plan.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family residential
dwellings as pennitted use in the R-8 zoning district.
b. Purpose Statement of Zone:
R-8 Medium Density Residential District: The purpose of the R-8 district is to pennit
Caymus Cove Subdivision
AZ-05-034/PP.05-033/V AR-05-014
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CITY OF MERJDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
the establishment of single- and two-family dwellings at a density not exceeding eight
(8) Dwelling units per acre. This district delineates those areas where such development
has or is lilœly to occur in accord with the comprehensive plan of the city and is also
designed to pennit the conversion of large homes into two-family dwellings in well-
established neighborhoods of comparable land use. Connection to the municipal water
and sewer systems of the city is required.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed Single Family Residential
products. Please see Exhibit D for detailed analysis of facts and findings.
1. The annexation legal description submitted with the application (stamped on July 1, 2005
by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
2. Any future subdivision, uses and construction on this property shall comply with the City
of Meridian ordinances in effect at the time.
3. That the applicant will be responsible for all costs associated with the sewer and water
service extension. Any existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service, per City Ordinance Section 5-7-517,
when services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
4. That all future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development. All future uses
shall not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS
1. Public Streets and Access:
Connectivitv (Bride:e Tower Subdivisions):
The stub street from Bridgetower Subdivision shall connect from N. Station Ave. to N.
Station Place and again to the cul-de-sac on N. Station Place. The subdivision is constrained
by previous development in the area and is bound by ACHD policies of interconnectivity.
No direct access to McMillan is approved with this subdivision.
Lot 13 Block 1 is for emergency access only and shall be improved as per the Meridian Fire
Department requirements.
Lot 23 Block 1 is for future access for the parcel east of the site to take access to N. Station
Place upon redevelopment. CuITently the existing home accesses McMillan Road at this
location and will be required to take access from N. Station Place. The existing access/gravel
Caymus Cove Subdivision
AZ-05-034/PP-05-033N AR-05-0 14
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT QUESTIONS? CALL (208) 884-5533
driveway shall comply with ACHD requirements of no direct Lot access to McMillan Road,
as stated on the plat.
2. Landscapine:: Staff is generally supportive of the landscaping design with the following
considerations: Non-combustible fencing should be included on the border ofthe Lemp Canal
located along McMillan Road unless not required by NMID, or the canal is tiled. Perimeter
fencing shall be designed according to MCC 12-13 and maintained by the home owners
association.
Tree Mitie:ation: There are several large trees on this site that the applicant is proposing
to remove or relocate. Any tree over 4" in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as replacement trees
for those trees that are removed (MCC 12-13-13.3). The applicant should coordinate a tree
protection/mitigation plan with Elroy Huff at the Meridian Parks Department.
4. Ditches. Laterals. and Canals: Per MCC 12-4-13, all iITigation ditches, laterals or canals,
exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the
area being subdivided shall be tiled. Staff is unaware of the official status of the Lemp
Canal; it appears to be maintained by Settlers Irrigation District.
5. Pressure Irrieation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required
to utilize any existing surface or well water for the primary source. If a surface or well source
is not available, a single-point connection to the culinary water system shall be required. If a
single.point connection is utilized, the developer will be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City Engineer.
An underground, pressurized irrigation system should be installed to aU landscape areas per
the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site
Exhibit B below.
6. Fencine:: The applicant is proposing to construct a minimum of a six foot tall solid fence
around the perimeter of the site. A detailed fencing plan should be submitted upon
application of the final plat (MCC 12-4~10.F.3). If pennanent fencing is not provided,
temporary construction fencing to contain debris must be installed around the perimeter prior
to issuance of a building permit. All fences should taper down to 3 feet maximum within 20
feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10.
7. Existine Residences/Buildings The site contains multiple buildings. Buildings on Lots 24
and 25 of Block 1 may remain. All other buildings shall be removed prior to final plat
recordation.
b. Staff Recommendation: Staff recommends approval of AZ.05-034/PP-05-033 for Caymus
Cove Subdivision as presented in the staff report dated August 24, 2005 based on the Findings of Fact as
listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this
report. Staff has prepared findings consistent with this recommendation.
10. PROPOSED MOTION
Approve
I move to approve File Numbers (AZ-05-034/PP-05.033/V AR-05-0l5) as presented in the staff
report and the plat dated (July 13, 2005) with the following modifications to the conditions of approval:
Caymus Cove Subdivision
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CITY OF MERIDIAN PLANNING AND ZQNING DEPARTMENT STAFF REPORT. QUESTTONS? CALL (208) 884-5533
(add any proposed modifications)
Deny
I move to deny File Numbers (AZ-05-034!PP-05-033N AR-05-0J 5) for the following reasons:
(you must state specific reasons for denial. They should address how the applicant might re-do the
application to gain your recommendation for approval.)
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated: July 13, 2005)
2. Landscape Plan (dated: June 14,2005)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
Caymus Cove Subdivision
AZ-05-034/PP-05-033N AR-05-0 14
PAGE 9
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPQRT. QUESTIONS? CALL (208) 884-5533
A. Drawings
1. Preliminary Plat (dated: July 13, 2005)
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CA YMUS COVE SUBDIVL~ION
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Caymus Cove Subdivision
Exhibit A
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2. Landscape Plan (dated; June 14,2005)
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Cayrnus Cove Subdivision
Exhibit A
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1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.1.10
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
B. Conditions of Approval
1. Planning Department
1.1
1.1.1
SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
The preliminary plat labeled as Sheet 1 prepared by Landmark Engineering, dated July 13, 2005,
is approved, with the conditions listed herein. All comments/conditions of the accompanying
ArmexationiZoning (AZ~05-034) and Development Agreement shall also be considered
conditions of the Preliminary Plat (PP-05-033).
The applicant has proposed a 33-foot landscape buffer along McMillan Road and a 25 foot buffer
is required by ordinance. The sidewalks within this buffer shall be placed as to line up with
existing buffers in neighboring subdivisions,
The applicant shall reconfigure Lot 23 to be a minimum of 30' wide. Provide an ineress/eeress
easement to the Tolman orooertv to the east to use Lot 23. Block 1. as access to Station
Place. Said easement mav be orovided on the face of the final olat and/or in another
recorded document(s) that are referenced on the olat with the instrument number.
The applicant shall comply with the requirements of no direct lot access for any lots adjacent to
the existing gravel driveway as required by ACHD.
The applicant shall extend and construct the pathway/emergency access located on Lot 13 to the
ACHD right of way or as required by the Meridian Fire Department.
Prior to the City Engineer's signature of a final plat all structures not contained on a designated
lot shall be removed.
A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the
changes required by this report.
Other than the changes listed above, the approved landscape plan is not to be altered without prior
written approval of the Planning & Zoning Department.
All road drainage shall be contained on site in the drainage lot as depicted.
Maintenance of all common areas shall be the responsibility of the Caymus Cove Subdivision
Homeowners' Association.
1.1.11 Other than the public street access approved by ACHD, direct lot access to McMillan Road is
prohibited, A note shall be placed on the final plat restricting access to McMillan Road.
1.2
1.2.1
1.2.2
GENERAL REQUIREMENTS-PRELIMINARY PLAT
Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to MCC 12-13-10-8.
All areas approved as open space shall be free of wet ponds or other such nuisances. All
stonnwater detention facilities incorporated into the approved open space are subject to MCC 12-
13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under MCC 12-13-
14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved
open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
Caymas Cove Subdivision
Exhibit B
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
1.2.3
1.2.4
1.2.5
1.2.6
1.2.7
1.2.8
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface
or well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point counection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer. An underground, pressurized in'igation system
should be installed to all landscape areas per the approved specifications and in accordance with
MCC 12-13-8 and MCC 9~1-28.
The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building pennit. All fences
should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be
installed in accordance with MCC 12-4-10.
Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
All irTigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12A-13, unless
otherwise approved by Settlers Irrigation District. The applicant shall be required to tile the
Lemp Canal but may leave the Settlers Canal open adiacent to this site. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department. If
lateral users association approval can not be obtained, alternate plans will be reviewed and
approved by the City Engineer prior to tìnal plat signature.
Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
2. Public Works Department
2.1
2.2
Meridian City Code l2-5-2-N requires that any new development shall provide pressurized
irrigation. The applicant has not indicated who will own the pressurized irrigations system in this
proposed development. If it is to be owned and operated by an Irrigation District than a license
agreement shall be entered into prior to the scheduling of a pre-construction meeting.
If it is to be a private system owned and maintained by the Homeowners Association, a draft copy
of the operations and maintenance manual shall be submitted prior to plan approval, with a final
copy to be submitted prior to signature on the final plat by the City Engineer.
The applicant has indicated that the pressure irrigation system is to be privately maintained and
the pump house would be located in common Lot 14, Block 1. The pump house shall comply
with all zoning and setback requirements of the City of Meridian, and it shall not encroach into
the required 25-foot landscape buffer.
Caymas Cove Subdivision
Exhibit B
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.3
Any existing domestic well and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape iITigation with approval for Idaho Department of Water
Resources.
2.4
The Sanitary sewer service to this is being proposed via extension of mains located in
Bridgetower Crossing Subdivision number five. The applicant shall be responsible to install all
mains necessary to serve this development, coordinate main size and routing with the Public
Works Department. Minimum cover over sewer mains is 3 feet, if cover from top of pipe to sub~
grade is less than 3-feet, alternate pipe materials shall be used per City of Meridian Standard
Specification.
2.5
Dedicate a blanket utility easement over Lot 23, Block 1 for any future extension of services into
county parcel #S0435212500.
Water service to this site is being proposed via extension of existing mains in Bridgetower
Crossing Subdivision number five. The applicant shall be responsible to install all mains
necessary to service this development, coordinate mains size and routing with the Public Works
Department.
The preliminary plat indicates that stonn drainage will be routed to a drainage detention swale
then discharged at pre-development rates into an existing drainage ditch. Prior to' plan approval,
the applicant shall enter into a discharge agreement with the appropriate drainage/irrigation
district, and install all necessary pipe to convey the stonn water to the appropriate drainage ditch.
In addition, if stonn water will be conveyed through an existing system prior to discharge, the
applicant shall submit proof to Public Works that facilities exist to transfer the water, and that the
applicant has permission to use said facilities.
The emergency access depicted on the face of the plat, and crossing Settlers Canal, shall be
constructed to withstand a 70,000 pound emergency vehicle.
Street signs are to be in place, water system shall be approved and activated, fencing shall be
installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior
to applying for building permits.
A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized iITigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
Caymas Cove Subdivision
Exhibit B
2.18
2.19
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.15
Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.16
Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Anny Corps of Engineers.
2.17
All grading of the site shall be perfonned in confonnance with MCC ll.l2-3H.
Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
3. Fire Department
3.1
3.2
3.3
3.4
3,5
3.6
3.7
3.8
One and two family dwellings will require a fire~flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500'
apart. International Fire Code Appendix C
Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on comers when spacing pennits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius.
Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section Dl03.6 Signs.
Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
The proposed 27-lot subdivision with an estimated 2.9 residents per household would have a total
estimated population of 81 residents at build out.
The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s ).
Caymas Cove Subdivision
Exhibit B
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
3.9
The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street which the project is addressed off of Lots 24 and 25 of Block 1 shall be addressed
from N. Station PI. Please contact Joe Silva (888-1234) to address this concel1l prior to the public
hearing.
3.10
Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fITe apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
3.11
This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate
shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire
Department.
POLICE DEPARTMENT
4.
No comments received.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (MCC 12-13~13-6) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed.
6. SANITARY SERVICE COMPANY
No comments received.
7. Ada County Highway District
Site Specific Conditions of Approval
1. Dedicate 25-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means
of a warranty deed or recordation of a final subdivision plat. Allow up to 30 business days to process
the right-of-way dedication after receipt of all requested material. The 25-feet to be dedicated is
currently owned thru prescription by ACHD, therefore the applicant will not be paid for the
dedication of right-of-way:
2. Construct a 5-foot wide (minimum) concrete sidewalk abutting the site located at the back of the
canal and in alignment with Bridgetower Crossing to the east of this site. Provide a sidewalk
easement.
3. Any irrigation facilities and/or utilities currently within the existing right-of-way must be relocated
outside ofthe right-of-way on McMillan Road (with the exception of the Lemp Canal).
Cay1nas Cove Subdivision
Exhibit B
CITY OF MERIDIAN PLANNrNG AND ZONING DEPARTMENT STAFF REPORT. QUESTJQNS? CALL (208) 884-5533
4. Construct N. Station Avenue as a 36-foot street section with rolled curb, gutter and 5-foot-attached
sidewalks within 50~feet of right-of-way, as proposed.
5. Construct two cul-de-sacs within the site having a minimum turning radius of 45-tèet as proposed..
6. There is a 20-foot emergency access to McMillan Road to be platted as Lot 13. No other direct lot
access to McMillan Road is approved with this application and a note stating these access restrictiòns
will be required on the final plat
7. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387.6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
ofIdaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required pennits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Tratfic Operations 387-6190
in the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
Caymas Cove Subdivision
Exhibit B
CITY OF MERIDIAN PLANNING AND ZQNING DEPARTMENT STAFF REPQRT. QUESTIONS? CALL (208) 884-5533
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
Caymas Cove Subdivision
Exhibit B
CITY QF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
C. Legal Description
. '^'
Lepal DescriptîoQ
cooper SubdIVision
A parcel located in the NE V. of the NW ',4 of Section 35, Township 4 North, Range 1
West, Boise Meridian, Ada County, Idaho, said parcel baing those parcels formerly
described in Instruments #9200353 and #95048574, and more particularly described as
follows:
BEGINNING at a 5/8 inch diameter iron pin marking the northwest corner of said NE ',4
of the NW ',4 from which a brass cap monument marking the northeast corner of the NW
Ih of said Section 35 bears S 88 osa'41 " E a distance of 1301.37 feet;
Thence S 88<58'41" E along the northerly boundary of said NE Ih of the NW V. a
distance of 289.33 teet to a 5/8 inch diameler iron pin;
Thence leaving said northerly boundary S 2°47'12" W a distance of 594.77 feet to a 1
inch diameter iron pipe;
Thence S 87"20'56" E a distance of 27.29 teet to a 5/8 inch diameter iron pin;
Thence S 2°49'34" W a distance of 130.65 feel to a '12 inch diameler iron pin;
Thence S 87"07'53" E a distance of 109.98 feet to a 5/8 inch diameter iron pin;
Thence S 8°49'48" W a distance of 423.06 feet to a 5/8 inch diameler iron pin on the
northerly boundary of Bridgetower Crossing Subdivision No, 6 as shown in Book 90 of
Plats on Page 10453, records of Ada County, Idaho;
Thence N 73"12'35" W along said northerly boUndary of Bridgetower Crossing
Subdivision No.6 and the northerly boundary of Bridgetower Crossing Subdivision No.
5 as shown in Book 89 of Plats on Page 10385, records of Ada County, Idaho, a
distance of 353.21 feet to a 5/8 inch diameter iron pin on the westerly boundary of said
NE % of the NW '.4;
Thence N 0"39'24" E along said westerly boundary a distance 01 1052.57 feet to Ihe
POINT OF BEGINNING.
This parcel conlains 7.89 acres and is subject to any easemenls existing or in use.
Clinton W. Hansen, PLS
Land Solutions. PC
July 1, 2005
~~;&~!!~~
Cooper
Job #0544
Caymus Cove Subdîvision
Exhibit C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D. Required Findings from Zoning Ordinance
1. ANNEXATION FINDINGS:
According to Ordinance 11 ~ 15 -11, General Standards Applicable to Zoning Amendments, both the
P&Z Commission and Council are required "to review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate evidence
answering the following questions about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis by staff
A.
Will the new zoning be harmonious with and in accordance with the Comprehensive Plan
and, if not, has there been an application for a Comprehensive Plan amendment;
See Comprehensive Plans and Policies as listed in the Caymus Cove Subdivision City Council
report item #7 above. City Council supports the zoning and finds the proposal in accordance with
the Comprehensive Plan.
B.
Is the area included in the zoning amendment intended to be rezoned in the future;
City Council does not anticipate that the applicant intends to rezone the subject property in the
future.
c.
Is the area included in the zoning amendment intended to be developed in the fashion that
would be allowed under the new zoning -for example, a residential area turning into a
commercial area by means of conditional use permits;
City Council finds that single-family residential uses are allowed within the requested zoning
district of Rw8. Medium Density Residential pennits the establishment of residential uses and is
designed to protect the integrity of residential development by prolùbiting the intrusion of
incompatible nonresidential uses. The accompanying plat demonstrates the land will be
developed with lot sizes, housing types and other dimensional requirements that conform to the
proposed zoning designation.
D.
Has there been a change in the area or adjacent areas which may dictate that the area
should be rezoned. For example, have the streets been widened, new railroad access been
developed or planned or adjacent area being developed in a fashion similar to the proposed
rezone area;
City Council finds that recent residential developments to the perimeter of the site have been
approved for development similar to the proposed subdivision, with singlewfamily residences.
Currently sewer is available in N. Station Avenue that stubs into this project from Bridgetower
Crossing Subdivision.
Based on the ACHD Long Range 2030 proposal, McMillan Road is anticipated to eventually be a
3-lane roadway abutting this site. However, McMillan Road is not currently included within
ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements
Plan for roadway improvements.
Local Street ofN. Station Avenue is an ACHD right-of-way and provides a stub connection to the
property. ACHD and the City of Meridian will require the proposed development connect these
Caymus Cove Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZQNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
roadways as proposed. The design for N. Station Place within Caymus Cove Subdivision shall
meet the requirements of the turnarounds as approved by the Meridian Fire Department.
E.
Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity and that such use will not change the essential character of the same area;
City Council fmds that the requested zoning and proposed density meets the anticipated range for
a medium density urban proj ect. Based on the Comprehensive Plan, City Council believes that the
existing parcels in the area (south and north and east) have already developed with similar
densities and allowances for alternate products and designs are encouraged. City Council also
finds that the proposed zoning/uses can be designed and constructed in a manner that will be
hannonious with, and appropriate in appearance with, the existing and intended character of the
surrounding area.
The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which
states that "common space shall equal or exceed five percent of the gross land area of the
subdivision. This requirement shall apply to all single family residential subdivisions of five
acres or more." The applicant has provided an open space/drainage lot which meets the
requirements for development of five acres or more.
The existing character of the area will not change as this is one of the final infill developments in
the vicinity. City Council does not find that the proposed zoning/uses will adversely change the
essential character of area.
F.
Will the proposed uses not be hazardous or disturbing to existing or future neighboring
uses;
City Council does not anticipate that the proposed residential uses will be hazardous as long as
the conditions outlined in this report are complied with and construction traffic and house
construction is conducted in a manner consistent with City Code.
Direct access shall not be taken from McMillan Road. Access shall be taken through the stub
streets as designed and directed to Bridgetower Crossing Subdivision. This will create additional
traffic, especially construction traffic during build-out for residences of Bridgetower Crossing
which could be considered disturbing to residents as arterial road must be taken through their
neighborhood.
Furthennore, a secondary/emergency access is shown with a connection through the existing
parcels easement across the McMillan fronting property, north of the proposed development due
to the length of the cul-de-sac.
The Commission and Council rely on any public testimony (oral and written) when detennining
whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the
existing or future neighboring uses.
G.
Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment of proposed zoning amendment
shall be able to provide adequately any of such services;
Caymus Cove Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPQRT. QUESTIONS? CALL (208) 884-5533
The applicant will be responsible for the extension of all utilities necessary to serve this proposed
development. Sizing and routing shall be coordinated with the Public Works Department.
The applicant and/or future property owners will be required to pay park and highway impact
fees.
ACHD has submitted a staff report with site specific and standard conditions as attached in
Exhibit B7
On August 12, 2005, a joint agency/department comments meeting was held with representatives
of key service providers to this property. Based on the joint agency/department meeting and other
comments received from agencies/departments, City Council finds that the public services listed
above can be made available to accommodate the proposed development. The Commission and
Council reference any written and/or verbal testimony submitted by any public service provider,
regarding their ability to adequately service this project.
H.
Will not create excessive additional requirements at public cost for public facilities aud
services and will not be detrimental to the economic welfare of the community;
If approved, the developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public costs to
serve the future residents will be fire, police and school facilities and services. City Council finds
there will not be excessive additional requirements at public cost and that the proposed zoning
and subsequent development will not be detrimental to the community's economic welfare.
I.
Will the proposed uses not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
City Council finds that the proposed annexation and the development of single-family homes on
this site will not involve uses that will create nuisances that would be detrimental to the general
welfare of the sUlTounding area.
City Council recognizes the fact that traffic and noise will increase with the approval of this
subdivision; however, City Council does not believe that the amount generated will be
detrimental to the general welfare of the public. City Council does not anticipate the proposed
annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors.
J.
Will the area have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public streets;
The applicant is proposing to construct one public street extension into the site from Bridgetower
Subdivision which will connect with Linder Road. ACHD is supportive of the proposed stub
street extensions as previously approved. The landscaping plan will be required to McMillan
Road. If is designed and constructed as approved by the ACHD and the City, City Council does
not believe that the subdivision will create interference with traffic on the surrounding public
streets.
K.
Will not result in the destruction, loss or damage of a natural or scenic feature of major
importance; and
Caymus Cove Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
There are some mature trees on this property. Any existing trees larger than 4" caliper that are
removed should be mitigated for, per the Landscape Ordinance. City Council finds that the
proposed development will not result in the destruction, loss or damage of any natural feature(s)
of major importance if developed under these conditions.
L.
Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,
11-17-1992)?
The R~8 zoning amendment will provide lots that are similar in nature to existing subdivisions in
the near vicinity. City Council finds that all essential services are available or will be provided
by the developer to the subject property and will not require unreasonable expenditure of public
funds. The applicant is proposing to develop the land in general compliance with the City's
Comprehensive Plan. City Council does not recommend lot sizes that would be invasive to the
properties adjacent to the subject property but the lot sizes should be similar in nature and allow
additional residential densities and product opportunities for the general vicinity. Subdivisions of
medium density have already been approved for development to the south and this is a logical
expansion of the City limits for an infill project. In accordance with the findings listed above,
Citv Council finds that annexation and zonin!Z of this DroDertv would be in the best interest of the
City,
PRELIMINARY PLAT FINDINGS
Sections 12.3-3 1.2 and 12-3-5 D read as follows: "In detennining the acceptance of a proposed
subdivision, the Commission and Council shall consider the objectives of this title and at least the
following:
A.
The conformance of the subdivision with the Comprehensive Development Plan;
City Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. The proposed density of 3.75 dwelling units per acre (gross) is in the
recommended dwelling units per acre for the comprehensive designation. City Council supports
the proposed layout as a practical solution to address the constraints of infill development which
has design criteria dictated by previous developments. Please see Annexation and Zoning
Analysis "Item 7 above".
B.
The availability of public services to accommodate the proposed development;
City Council finds that public services are available to accommodate the proposed development.
(See finding "Item 7 above" under Annexation and Zoning Analysis for more detail.)
c.
The continuity of the proposed development with the capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their cost,
City Council finds that the subdivision will not require the expenditure of capital improvement
funds.
D.
The public financial capability of supporting services for the proposed development;
The City Council relies upon comments from the public service providers (i.e., police, fire,
ACHD, etc.) to detennine this finding. (See finding "Item 7 above" under Annexation and Zoning
Analysis above, and the Agency Comments and Conditions at the end of this report for more
detail.)
Caymus Cove Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
E.
The other health, safety or environmental problems that may be brought to the
Commission's attention.
Lots 24 and 25 of Block 1 contain the existing home site and significant outbuildings for the
parcel of record. Along with the parcel of record is the recorded easement for ingress egress to
McMillan Road. The easement for the parcel of record will not be required to be vacated, but
shall be maintained as ingress egress for the adjacent parcel. The developer shall provide
appropriate temporary signage/bollards as to the designation of the existing driveway easement or
until the adjacent parcel to the east develops. No lots shall directly take frontage or access from
McMillan Road.
City Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision that should be brought to the Council or Commission's attention.
ACHD considers road safety. issues in their analysis.
VARIANCE FINDINGS
According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a
variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the
Ordinance lists the following Findings (MCCll-18-3), all of which must be determined before
granting a variance:
"A.
That there are such special circumstances or conditions affecting the property that
the strict application of the provisions of this Title would clearly be impracticable
or unreasonable;
City Council finds that because Bridgetower Crossing Subdivision only provided one
stub street to this property, strict compliance with Title 11 and 12 is impractical. In order
to comply with the cul-de-sac length maximum, Station Place would have to connect with
McMillan Road and a large box culvert would be required to cross the Settlers Canal. The
ACHD has not approved a public street access to McMillan Road for this development.
The applicant is proposing and the Fire Department is supportive of an emergency access
to McMillan Road. City Council believes that requiring this property and applicant to
construct a public street to McMillan Road is not reasonable in this instance.
B.
That strict compliance with the requirements of this Title would result in
extraordinary hardship to the owner, subdivider or developer because of unusual
topography, the nature or condition of adjacent development, other physical
conditions or other conditions that make strict compliance with this Title
unreasonable under the circumstances, or that the conditions and requirements of
this Title will result in inhibiting the achievements or the objectives of this Title;
Due to the nature of the adjacent Bridgetower Crossing Development and the location
of the Settlers Canal, City Council finds that strict compliance with the requirements of
Title 11 and 12 will result in a hardship to the applicant.
Caymus Cove Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
C.
That the granting of the specified variance will not be detrimental to the public's
welfare or injurious to other property in the area in which the property is situated;
City Council finds that the variance to the standard cul-de-sac and block length will not
be detrimental to the public's welfare or injurious to other properties in the area, if all
conditions of the concurrent annexation and preliminary plat are complied with.
Further, the Council has granted cul-de-sac and block length variances to properties
with similar situations, and the City is unaware of any harmful impacts from these
variances.
D~
That such variance will not have the effect of altering the interest and purpose of
this Title and the Meridian Comprehensive Plan."
City Council finds that the issuance of a variance for cul-de-sac length and block length
to allow the highest and best development of this property will not have the effect of
altering the purpose and/or interest of the Zoning Ordinance or the Comprehensive Plan.
Caymus Cove Subdivision
Exhibit D